Until LGBT marriages, domestic partnerships, and civil unions are recognized by the federal government, same-sex and alternative families will have to depend on a combination of a Secure Couple LLC ™ and added legal documents in order to gain even a small portion of the 1,300+ legal and economic benefits offered to married couples.
What are some of the 1,300+ benefits given to male-female married couples automatically but lost to LGBT couples? What are LGBT couples missing?
1. No joint filing of tax returns at the federal level, despite the fact that they filed joint returns at the state level.
2. For an average couple, SSM partners will lose over $8,000 per year in Social Security survivor benefits after the passing away of the higher earning spouse.
3. No lump sum death benefits - civilian or military - to assist with funeral expenses.
4. Cannot file an immigration petition for a foreign-born spouse even if the SSM was officially permitted in your partner's home country, for example, Canada or Denmark.
5. Loss of joint estate tax exemptions.
6. No automatic right exists for same-sex couples to make medical or emergency decisions on behalf of their partner. With a legally binding durable power of attorney for healthcare, the trusted partner you name will be lawfully allowed to take care of critical issues for you -- for instance, directing your medical care -- if you are unable to do so yourself. Married couples are given this right automatically in all states.
7. No equitable ownership of joint property or debts in case the relationship dissolves (except when you have an Limited liability company or other legal agreement). No states have adopted legal guidelines to partition property when domestic partnerships break up.
8. Several business entities such as family limited partnerships are not open to LGBT couples.
9. May not be able to be included in a spouse's health insurance unless the corporation adopts an enlightened policy. Continuing insurance protection (COBRA) may not be open if the insured spouse loses his or her employment.
10. The Family and Medical Leave Act of 1993 allows individuals up to 12 weeks of unpaid leave to care for ill spouses, or the children and parents of a spouse. Does not apply to a same-sex companion.
11. Can be denied the right to visit a partner in critical care/ICU. Incidents in some hospitals such as Jackson Memorial Hospital in Miami, have led to more enlightened visitation policies.
12. No automatic rights or responsibilities for joint parenting, adoption, foster care, custody, or visitation.
13. Same-sex partners do not inherit in the absense of will, as do surviving spouses when their partners die intestate.
14. No death or spousal settlements for retirement pensions, Social Security, Medicare, or annuities. Protections intended for one spouse’s vital economic resources such as the capacity to remain in the family home when the other partner requires Medicaid long term nursing home care are denied.
15. In cases of wrongful death or significant injury, partners and children of partners have no standing to file a lawsuit for damages.
16. In court, SSM couples cannot assert marital immunity from testifying against their partner.
17. No right to make decisions about final preparations for a deceased "spouse", such as burial versus cremation, or where the deceased will be laid to rest.
18. No SSM benefits provided to military families such as healthcare, dental, housing, educational aid, vocational guidance, home loan guarantees, relocation assistance, housing allowances, survivors' benefits, and VA benefits.
19. No survivor's benefits for spouses of federal employees, including lost wages, workers' compensation, health insurance, and retirement benefits.
20. Lack of other state civil lawsuits including loss of consortium, crime victim recovery reimbursement, and domestic violence protection orders.
Same-sex partners would be wise to consult their lawyers to draft legal documents to recover as many benefits as possible that traditional married couples receive automatically. The 20 lost rights above are only the tip of the melting iceberg.
Documents you may wish to discuss with your legal professional include:
- Limited Liability Company for asset protection and distribution
- Durable Power of Attorney for Healthcare
- Co-Habitation Agreement
- Co-Parenting Agreement
- Simple Will
- any number of trusts for additional asset protection
Many states, including Florida, will accept properly written cohabitation agreements. A fundamental use for same-sex cohabitation contracts is that the essential purpose cannot be to enforce a sexual arrangement. Moreover, sex cannot be offered in trade for a financial arrangement. These agreements are void as against public policy.
Every situation is unique, but several of these agreements are beneficial for male-female married couples as well. Guard you LGBT relationship with an LLC until and even after SSM discrimination ends.
LGBT and alternative families will have to depend on a combination of a Secure Couple LLC ™ and other legal documents to gain even a tiny portion of the 1,300+ legal and economic benefits offered to married couples.
Retrieve your free Secure Couple LLC ™ ebook and learn how to register an LLC to proclaim your commitment, set up your joint finances, and guard your future until the federal government and the several states get rid of marriage discrimination against LGBT couples and others who choose not to marry - http://securecouplellc.com/formscllc.pdf
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Charles F. Lamm is a retired attorney now working with Secure Couple LLC - http://securecouplellc.com
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